Roig v. Chandris, Inc.
Roig v. Chandris, Inc.
Opinion of the Court
ORDER
This case is before the Court upon defendant’s motion to dismiss for failure to serve. Defendant has moved for this relief by special appearance, thereby not voluntarily submitting itself to the jurisdiction of this Court.
The complaint in this case was filed on October 21, 1986. It alleges negligence on the part of defendants, the owners of the SS VICTORIA, that resulted in personal injuries to plaintiff while plaintiff was a passenger on that vessel. On December 17, 1986, defendant made a special appearance to move that service be quashed. This motion was granted on February 10, 1987. In April, defendant moved to dismiss the case pursuant to Rule 4(j) of the Federal Rules of Civil Procedure.
Clearly, more than 120 days have elapsed since the first attempted service was quashed and even more time than that since the complaint was first filed. Accordingly, and upon defendant’s unopposed motion, this case is DISMISSED for failure to comply with Rule 4(j).
The Clerk shall enter Judgment accordingly.
IT IS SO ORDERED.
. Rule 4(j) provides:
If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of a complaint and the party on whose such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion.
. The Court further notes, but does not fully examine nor decide, whether the amended complaint properly pleads subject matter jurisdiction. Plaintiff pins her hopes for recovery of diversity jurisdiction. 28 U.S.C. § 1332. It appears on the face of the complaint, however, that the alleged injuries were suffered aboard a ship. Admiralty, and not diversity of citizenship, then, would seem the jurisdictional basis. As such, the amended complaint possibly would not, if the opportunity ever presented itself, survive a motion to dismiss.
. The Court notes that defendant's attorney, David C. Indiano of the law offices of Jiménez, Graffam & Lausell, is the first attorney practicing before the Court to have the chutzpa to cite the undersigned’s article in support of a motion.
Reference
- Full Case Name
- Lydia Lorenzo ROIG v. CHANDRIS, INCORPORATED
- Cited By
- 1 case
- Status
- Published